HF 3310

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/10/2022 02:07pm

A bill for an act
relating to energy; providing a process to allocate revenue sharing for regionally
cost-shared electric transmission lines; amending Minnesota Statutes 2020, section
216B.246, subdivisions 1, 2, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 216B.246, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) For purposes of this section, the terms defined in this
subdivision have the meanings given them.

(b) "Electric transmission line" means a high-voltage transmission line with a capacity
of 100 kilovolts or more and associated transmission facilities.

(c) "Incumbent electric transmission owner" means any public utility that owns, operates,
and maintains an electric transmission line in this state; any generation and transmission
cooperative electric association; any municipal power agency; any power district; any
municipal utility; or any transmission company as defined under section 216B.02, subdivision
10.

new text begin (d) "Load ratio share" means the ratio of a participant's retail load served in Minnesota
under a load-serving obligation to the total retail load served in Minnesota by all participants.
For the purposes of this paragraph, the retail load of a generation and transmission
cooperative electric association is the retail load of the distribution cooperative electric
associations to which the generation and transmission cooperative electric association
supplies wholesale transmission service.
new text end

new text begin (e) "Participant" means an incumbent transmission provider that participates in the
construction, ownership, or maintenance of a regionally cost-shared electric transmission
line.
new text end

new text begin (f) "Regionally cost-shared electric transmission line" means an electric transmission
line and associated transmission facilities that are eligible for regional cost recovery under
a federally registered planning authority's tariff.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2020, section 216B.246, subdivision 2, is amended to read:

Subd. 2.

Incumbent electric transmission owner rights.

new text begin (a) new text end An incumbent electric
transmission owner has the right to construct, own, and maintain an electric transmission
line that has been approved for construction in a federally registered planning authority
transmission plan and connects to facilities owned by that incumbent electric transmission
owner. The right to construct, own, and maintain an electric transmission line that connects
to facilities owned by two or more incumbent electric transmission owners belongs
individually and proportionally to each incumbent electric transmission owner, unless
otherwise agreed upon in writing. This section does not limit the right of any incumbent
electric transmission owner to construct, own, and maintain any transmission equipment or
facilities that have a capacity of less than 100 kilovolts.

new text begin (b) Notwithstanding anything to the contrary in this section, the right of incumbent
electric transmission owners to construct, own, and maintain a regionally cost-shared electric
transmission line must be determined under subdivision 4.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2020, section 216B.246, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Regionally cost-shared electric transmission line. new text end

new text begin (a) Incumbent electric
transmission owners have the right to construct, own, and maintain regionally cost-shared
electric transmission lines. The commission must determine the proportion of the right
among participants as provided under paragraphs (c) and (d).
new text end

new text begin (b) If a regionally cost-shared electric transmission line has been approved for
construction in a federally registered planning authority transmission plan, within 90 days
of the plan's approval any incumbent electric transmission owner may file a written petition
with the commission requesting that the commission determine the petitioner is a participant
in constructing, owning, or maintaining the regionally cost-shared electric transmission line.
The petition must provide the reasons for the request and the extent of the petition requested,
based on the factors under paragraph (c). An incumbent electric transmission owner that
does not file a timely petition has no right to participate in the regionally cost-shared electric
transmission line.
new text end

new text begin (c) When acting on a petition under paragraph (b), the commission must consider the
following factors:
new text end

new text begin (1) the petitioner's load-serving obligations;
new text end

new text begin (2) the extent to which the transmission line would be located within the petitioner's
service area or the service area of a distribution cooperative electric association to which
the petitioner supplies wholesale transmission service;
new text end

new text begin (3) the petitioner's financial and technical ability to participate in constructing, owning,
or maintaining the transmission line; and
new text end

new text begin (4) the cost impacts on the petitioner that would result from granting the petition compared
to the costs of denying the petition.
new text end

new text begin (d) After considering the factors under paragraph (c) during hearings or other procedures
determined by the commission, the commission must issue an order: (1) determining which
of the petitioners is a participant in the regionally cost-shared electric transmission line; and
(2) apportioning investment in and ownership of the regionally cost-shared electric
transmission line using the factors provided in paragraph (c) or defaulting to the proportion
of the participant's load ratio share among all participants.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end